Riddell v. Shirley
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, Solano County. Replevin for certain personal property attached by the defendant, Shirley, in his official capacity as Sheriff, as belonging to one Beebe Robinson. The other defendants made parties in the cause, were creditors of Robinson. The plaintiff, in order to prove his title, produced in evidence a bill of sale from Robinson of the property in dispute.
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Appeal from the District Court of the Seventh Judicial District, Solano County. Replevin for certain personal property attached by the defendant, Shirley, in his official capacity as Sheriff, as belonging to one Beebe Robinson. The other defendants made parties in the cause, were creditors of Robinson. The plaintiff, in order to prove his title, produced in evidence a bill of sale from Robinson of the property in dispute. It also appeared, that at the time of the sale, Robinson was in failing or embarrassed circumstances, and that he made this sale for the purpose of raising funds wherewith…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
The facts, as found by the jury, show that Robinson, the vendor of the plaintiff, was in insolvent or embarrassed circumstances; that he *490made the sale to discharge debts which were liens or charges upon his homestead, for the purpose of saving it to himself; of all which, the plaintiff was aware, at the time he made the purchase. This was certainly a transaction, calculated to hinder, delay, or defraud creditors. Although the law secures the homestead from execution arising from ordinary indebtedness, it is yet made chargeable for debts by the act of the parties…
2Cited by9 opinions
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- Randall v. BuffingtonCalifornia Supreme Court · 1858
- Ohio Electric Car Co. v. DuffetCalifornia Court of Appeal · 1920
- Comstock v. BechtelWisconsin Supreme Court · 1885
- Bishop v. HubbardCalifornia Supreme Court · 1863
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